green cad based on family

[alphalife 0]

Hello  sir/Madme .

  i need an immigration lawyer for my immigration status .

 I will explain to you my situation; and provide all the details you may need .

I’m  going to start the story form the beginning ,  

I’ve meet an American citizen online in 2015 after dating for a several months we decided to be together , and we fill for the K1 visa in 2016 , after getting my K1 I entered  the  united state  and we married within 90 days  in 2016,I applied for the adjustment of status   , I made the fingerprint and I got my work authorization and my social security number  in 2017, during the procces we start having issues in our marriage , and she was pregnant at that time , she didn’t want me to stay with her , she want me to go back to my country , because of the pregnancy and her medical condition I didn’t want to  put her in trouble and I didn’t fight , I left peacefully , I believed that maybe she will reconsider that we have a child and we can fix our issues , so in 2017 I left without advance parole because I was ignorant about that too , after months  the child   was born and I try to come back she refuse and she said she will think about it ,the boy have my last name and im his father in the his birth certificate.

After couple of months i received a delayed   notification about divorce and I couldn’t do anything because I had no visa to renter and I was not in good situation to do anything , I tried to convince her but she always refuse  , the divorce finalized in march 2019 .

After several attempt to get a visa I got a b1/b2 visa in august 2019 for 10 years it will expire in 2029, and I went to visit and see my child for the first time, and because its just a tourist visa I had to come back to my country.

After I come back I contacted the USCIS about my case the case is still open and they sent my ex-wife a letter requesting me to schedule  an appointment   for a fingerprint .

Now my inquiry if I renter the us to visit my son , can I fill a case an  try to get my green card .

Can I get a green card based that I need to be next and close to my child?

Can I continue the process of the first case or I will need a new case.

I hope I provided all the details you may need to consider my case and you can reach  out to me if you would like.

Thank you .

 

 

Edited June 22, 2020 by alphalife

[Villanelle 4,122]

You have no path to a greencard .You can not get a greencard based on your child right now. Your child has to be 21 to petition for you. You are no longer married so you will not qualify for a spouse visa. Your K AOS process may still technically be active in their system but it is unable to be approved because you left the US w/o AP.   

[alphalife 0]

2 minutes ago, Villanelle said:

You have no path to a greencard .You can not get a greencard based on your child right now. Your child has to be 21 to petition for you. You are no longer married so you will not qualify for a spouse visa. Your K AOS process may still technically be active in their system but it is unable to be approved because you left the US w/o AP.   

thank you for your answer but i think there is a way .

[portorusa 431]

So, you left the US before you got your conditional green card? and before your I-131 was approved?

If yes, you are lucky to have got a tourist visa (hopefully, you told the truth on your B2 visa application).

Answering your question, you cannot apply for I-485 based on your son residence in the US. You cannot re-apply based on your marriage, either as the marriage ended with divorce.

You cannot AOS from the tourist visa, either.

You can fight for the custody of your child but it's a family matter not immigration.

[alphalife 0]

1 minute ago, portorusa said:

So, you left the US before you got your conditional green card? and before your I-131 was approved?

If yes, you are lucky to have got a tourist visa (hopefully, you told the truth on your B2 visa application).

Answering your question, you cannot apply for I-485 based on your son residence in the US. You cannot re-apply based on your marriage, either as the marriage ended with divorce.

You cannot AOS from the tourist visa, either.

You can fight for the custody of your child but it's a family matter not immigration.

thank you for your response in my b2 visa i told them everything and I PROVIDED ALL THE DETAILS .

[Villanelle 4,122]

2 minutes ago, alphalife said:

thank you for your answer but i think there is a way .

Well the only way would be a non family based path. Work, student or investor. You do not have a family based path unfortunately. As explained your child can not petition until they are 21. You are not married so you can not do spousal. Your K path is unable to be approved because you left the US with out AP. 

 

 

[Crazy Cat 41,898]

25 minutes ago, alphalife said:

thank you for your answer but i think there is a way .

No, there is not a way.......until your child reaches the age of 21....other than the routes mentioned above. 

Edited June 22, 2020 by Lucky Cat

[SteveInBostonI130 3,463]

Hello,

 

My wife had to leave the US (family emergency) before we could AOS, and she did not have AP.  Therefore, AOS was no longer possible for us.  Instead, we started all over again with the spouse visa (IR1).

 

Unfortunately, you cannot do the same due to your divorce.  There is no family based immigration path or AOS for you, until your son turns 21.